Kovich

Here we hold that a homeowners association has no duty to tell a prospective purchaser about construction defects or the existence of a civil action against the developer to repair the defects. Mark S. E. Kovich appeals from a judgment entered after the trial court sustained respondent’s, Paseo Del Mar Homeowners’ Association (Paseo), demurrer without leave to amend. The trial court correctly ruled that Paseo owed no duty to appellant.

On April 18, 1990, appellant entered into a written agreement with Donna Bedford to purchase a townhouse for $166,000. The townhouse was in a common interest development. (Civ. Code, § 1352.) Bedford was a member of Paseo, a nonprofit homeowners association, that owned, managed, and controlled the common areas.

After escrow closed, appellant discovered that the townhouses had cracked walls and slabs. Appellant filed suit against the seller and Paseo for negligence, fraudulent concealment, and intentional misrepresentation. The third amended complaint alleged that Paseo knew about the construction defects and had brought suit against the developer, “M.J. Brock & Sons, Inc. for the correction of said defects in common areas. Said cause is…